tag:blogger.com,1999:blog-1053778724028304120.post5244957615816249164..comments2011-06-23T14:35:53.680-04:00Comments on Decisionism: Put That In Your Musket And Shoot It!Terry Kleinhttp://www.blogger.com/profile/04512714462591584758noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-1053778724028304120.post-41530974142491480142010-03-11T08:55:47.193-05:002010-03-11T08:55:47.193-05:00Yeah, it almost certainly will change when the Sup...Yeah, it almost certainly will change when the Supreme Court rules on the McDonald case. There are five strong votes for the notion that the 2d Amendment confers an individual right to bear arms. Those same five justices will find that the second amendment applies to the states via the due process clause of the 14th Amendment. All they have to find is that an individual right to bear arms is a fundamental right &quot;implicit in the concept of ordered liberty.&quot; I think there are five votes for that. Because the SJC didn&#39;t really address whether the permit requirement is consistent with the 2d Amendment, they&#39;ll probably have to rehear the case. But the Runyan case would indicate to me that it will probably come out the same way.Terry Kleinhttp://www.blogger.com/profile/04512714462591584758noreply@blogger.comtag:blogger.com,1999:blog-1053778724028304120.post-14680664887235639182010-03-11T00:27:22.880-05:002010-03-11T00:27:22.880-05:00To my non-legal eye, the other SJC gun decision to...To my non-legal eye, <a href="http://www.universalhub.com/2010/supreme-judicial-court-upholds-massachusetts-requi" rel="nofollow">the other SJC gun decision today</a> (yes, of course, there was another!) is possibly even more significant, because it goes beyond the question of gun safety and says that Massachusetts can regulate guns any way it wants, because a) the Second Amendment doesn&#39;t apply here and b) the equivalent section of the state constitution does not give individuals the right to own guns. <br /><br />Of course, that could all change in a few months ...Adam Gaffinhttp://www.blogger.com/profile/15526187958828508826noreply@blogger.com